## April 3, 2012, SC DHEC SIP Amendment

Attachment C ‐ South Carolina State Register Notice of Intent to

Revise the SIP, February 24, 2012This page intentionally left blankNOTICES 9

South Carolina State Register Vol. 36, Issue 2 February 24, 2012 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

NOTICE OF GENERAL PUBLIC INTEREST

NOTICE TO AMEND AIR QUALITY STATE IMPLEMENTATION PLAN Statutory Authority: 1976 Code Sections 48-1-10 et seq.

South Carolina Air Quality Implementation Plan:

The Department of Health and Environmental Control (D epartment) proposes to amend the South Carolina Air Quality Implementation Plan, also known as the State Im plementation Plan, or SIP. Interested persons are invited to present their views in writing to Alan M. Hancock, Division of Air A ssessment, Innovations and Regulation, Bureau of Air Quality, 2600 Bull St., Co lumbia, SC 29201. Comments may also be submitted by

email to hancocam@dhec.sc.gov or by facsimile at (803) 898-4487. To be considered, comments must be received no later than 5:00 p.m. on Marc h 26, 2012, the close of the comment period. The Department is also providing the public with the opportunity to request a public hearing on the proposed SIP amendment. The Department has scheduled a public hearing for April 2, 2012, at 10:00 a.m., in the Wallace Room (3141), Sims-Aycock Building, 2600 Bull St., Columbia, SC. The pub lic is invited to attend. However, pursuant to 40 C.F.R. Section 51.102 (2011), if the Department does not receive a request for a public hearing by the close of the comment period (March 26, 2012), the Department will cancel the hearing. If the Department cancels the public hearing, then the Department will notify the public at least one week prior to the scheduled hearing on the SIP Public Hearings webpage at: http://www.scdhec.gov/environment/baq/RegulationSIPManagement/public_hearings.asp

. Interested parties are also encouraged to contact Alan M. Hancock at (803) 898-4139 or hancocam@dhec.sc.gov for more information or to determine if the Department has cancelled the public hearing.

Synopsis:

The United States Environmental Protection Agency (EPA) has recently informed the Department of the need to address two matters before it can approve certain pr eviously submitted SIP amendments. First, the EPA is requiring public notice of a clarification letter that the Department submitted to the EPA on November 3, 2009, to address one element of the “infrastructure” SIPs required under Clean Air Act (CAA) Section 110(a)(1) and (2) (42 U.S.C. Section 7410 (2010)) for the 1997 and 2006 PM 2.5 (particulate matter 2.5 microns and smaller) National Ambient Air Quality Standards (NAAQS). These infrastructure SIPs, provide for the implementation, maintenance, and enforcement of th e NAAQS. On March 14, 2008, the Department submitted

the infrastructure SIP for the 1997 PM 2.5 NAAQS to the EPA. On September 18, 2009, the Department

submitted the infrastructure SIP for the 2006 PM 2.5 NAAQS to the EPA. On September 24, 2009, the EPA submitted a letter to the Department stating that it had no comments on the 1997 and 2006 PM 2.5 infrastructure SIPs. Following further discussions with the EPA, the Department submitted the aforementioned letter to the

EPA on November 3, 2009. Based on the EPA memora ndum entitled Emergency Episode Plan Requirements, dated March 24, 2008, this letter certified that the Department is not required to adopt an emergency episode plan for PM 2.5 because no area of South Carolina has exceeded 140μg/m 3 , which is the threshold for such a plan. In accordance with CAA Section 110(k), in order to act on the Department’s infrastructure SIP amendments addressing the requirements of CAA Section 110(a)(1) and (2) for the 1997 and 2006 PM 2.5 NAAQS, the EPA is requiring that the Department provi de the public with the ability to comment on this

certification.

Second, the EPA is requiring states to address Section 128 of the CAA (42 U.S.C. Section 7428 (2010)) by amending SIPs to include conflict of interest provisions for state boards that oversee CAA permits and enforcement orders. The EPA has made this request based on comments that it has received on other states’ SIP submittals. To address this request, the Depart ment is proposing that the Ethics, Government Accountability and Campaign Reform Act of 1991 (S.C. C ode Ann. Section 8-13-700 et seq. (2011)) meets the requirements of Section 128.